Terms & Conditions
1. General
The General Terms and Conditions are valid for the sale and delivery of goods by Vianina e.U. Divergent conditions of the buyer are only valid if we have agreed to them in written form. With the placement of an order, the buyer declares his agreement to these General Terms and Conditions and is bound to them. Our product line is tentative. The order of a customer constitutes a binding offer for the entry into a purchase agreement. The subsequently sent confirmation of the order intake and possibly following status reports do not constitute an acceptance of the offer. The purchase contract is only in effect once we ship the ordered goods and have confirmed the shipping to the customer.
2. Ordering
Consumers: In legal transactions with consumers, these General Terms and Conditions and Delivery Terms are valid within the meaning of the Austrian Consumer Protection Act insofar as they do not contradict the obligatory regulations of the Consumer Protection act.
3. Contractual Language
The content of this contract as well as any and all other information, customer support, data information, and handling of complaints are offered in both German and English.
4. Prices
If not otherwise stated, all quotations of price are daily gross prices “ex factory”, including sales tax. Added to this are all expenses occurring from shipment. If you want to order from our online store, you need to acknowledge and accept our Terms and Conditions.
5. Revocation Policy
Right of Revocation
You have the right to revoke this contract without giving reasons within 14 days. In order to execute your Right of Revocation, you need to inform us via an unambiguous statement (i.e. a mailed letter, fax, or email to hello@vianina.com) about your decision to revoke this contract. You can use the enclosed exemplary revocation form, this is however not compulsory. For the adherence to the revocation period it is sufficient to send off the statement before the end of the revocation period.
Consequences of Revocation
If you revoke this contract, we have to refund any and all payments that we have received from you, including the shipping charges (excluding the additional costs resulting from you choosing a different kind of shipping than the cheapest standard delivery offered by us) without delay, and at the latest within fourteen days from the day that we have received your statement about the revocation of this contract. For this refund we use the same method of payment that you have used in your original transaction unless we have expressively agreed on something else. In no way will we charge fees resulting from this refund. We can deny the refund until we have received back the goods, or until you have provided evidence that you have sent back the goods, depending on which occurs earlier.
The revocation is to be directed to: orders@vianina.com, Nina Simone Wilsmann, Flachsweg 22, 1220 Wien, Austria.
6. Delivery
Service content/delivery: Vianina reserves the right to change the content of the respective range of services on www.vianina.com at any time. The prices of the goods and deliverables offered by www.vianina.com do not include the costs accounted by third parties. If all of the articles are not available immediately, those that are will be delivered immediately, the others are delivered subsequently as soon as they are available. Shipping costs are not accounted within Austria, for international shipping, the cheapest charge is used. The delivery is done via mail. We do not send to “Packstationen”.
7. Times of Delivery
Shipping is done from Germany & Austria. Sender time 1-3 working days within Germany and Austria. Within the EU & Switzerland 3-4 working days. Worldwide 10-15 working days, in any case after the compulsory time of delivery of 30 days after the ordering date. Please ask for the times of delivery for products that we manufacture according to your requirements. If the delivery is delayed by way of exception, we will immediately get in contact with the customer and obtain his consent to the delayed delivery. If the customer does not approve of the delayed delivery, he has the right to rescind from the contract.
8. Minimum Order Value
The Minimum Order Value amounts to 15 Euro.
9. Shipping charges
Austria 3,90 €, free of shipping costs from 70 € order value Germany 3,90 €, free of shipping costs from 70 € order value EU & Switzerland 6,90 €, free of shipping costs from 80 € order value Worldwide 18,00 €, free of shipping costs from 100 € order value
10. Privacy
Our employees are liable to the obligation of secrecy of the data protection act. Even the simple circumstance of an occurred communication is subject to the obligation of secrecy. Routing and domain information must and can however be passed on. The customer acknowledges that the his data obtained through the purchase in our online shop are saved and processed for the purpose of our accounting and customer evidence. The data is used for compliance with the statutory regulations and for the handling of payment transactions. Customer information is not shared with third parties unless it is absolutely imperative to the fulfilment of the contract. Our contractual partners are instructed concerning our data protection regulations and are liable hereof. If you have further questions, please refer to the information agency of data protection information, general questions, complaints etc. send to hello@vianina.com.
11. Payment methods
We accept credit cards, PayPal, transfers in advance, as well as immediate transfers. We gladly answer your questions about payments via hello@vivanina.com. Please consider that without exceptions we can only send ordered goods after we have received payment. Goods are to be paid in advance within 10 days. If no payment is received within this period, the purchase is cancelled.
12. Reservation of Ownership, Warranty, Liability
Up until the ordered goods are paid for completely, the goods remain our property. The customer is not allowed to pawn, assign by way of security, or to give any rights of the goods to third parties before the goods are fully paid for. Since 01/01/2002, the warranty is limited to the statutorily predefined term of 24 months. If possible, defects are to be declared on delivery, respectively after appearance – though there are no adverse repercussions if the customer, a consumer within the meaning of the KSchG, neglects to do so. For correctly declared defects, either a free replacement, or a rework is constituted, for which an appropriate period of time is to be granted. If the purchase is a commercial transaction according to § 1 KSCHG (377 Abs 1 HGB) for the customer (B2B), he must immediately after receiving the goods examine them and indicate to us any defects without delay. Vianina is only liable for nonnegligent and grossly negligent damages, except for damage to persons. The victim has to prove the presence of slight, respectively gross negligence, unless it is a consumer business. The replacement of consequential (deficiency) losses, as well as other material, property, and third party damages against the customers is excluded. Nina Simone Wilsmann as the operator of vianina.com performs the services with great care but is not liable for services provided by, or obtained from third parties.
13. Place of Performance
The Place of Performance for any and all services from this contract is the head office of our company.
14. Copyright
Any and all messages, graphics, and the designs of the website vianina.com are exclusively for the personal information of our customers. The use is at your own risk. All data of this offer are protected by §4 and §§87a ff. Copyright Law. The reproduction, copying, and printing of the whole website are only allowed for the purpose of an order at vianina.com. Any other editing, reproduction, distribution, and/or public display exceed the common use and constitute a violation of the copyright.
15. Conciliation Office
We recognize the Internet Ombudsman as an extrajudicial conciliation office. In case of further questions concerning the topic of conciliation, please refer to our service hello@vianina.com or the Internet Ombudsman via www.ombudsmann.at.